What is diplomacy?
What is diplomacy?
Diplomacy is the management of international relations by negotiation and representation, conducted principally by states and increasingly by international organizations and influential non-state actors.
It is the architecture that translates power, interests, and norms into stable expectations and binding commitments. In this environment, treaties are made, sanctions are designed and lifted, export controls are negotiated, data flows are enabled or constrained, and cross-border enforcement cooperation is agreed.
Diplomacy is grounded in international law. The Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, and the broader corpus of treaty and customary law institutionalize the presence of permanent missions, the exchange of diplomatic agents, and the protection of diplomatic premises and archives.
Inviolability of the mission and the diplomatic bag, personal inviolability of the diplomatic agent, and jurisdictional immunities are designed to shield the process of communication from coercion by the receiving state.
Bilateral diplomacy is the conduct of relations between two sovereign states through direct communication, negotiation, and representation. It is the most traditional form of diplomacy and relies on permanent embassies, ambassadors, official visits, and structured dialogues to manage political, economic, security, and legal issues affecting the two parties. Bilateral diplomacy enables states to negotiate treaties, resolve disputes, coordinate law enforcement cooperation, and build alliances based on mutual interests while preserving confidentiality and strategic flexibility.
Multilateral diplomacy is the management of relations among three or more states within institutional or ad hoc forums, typically under the auspices of international organizations such as the United Nations, the World Trade Organization, or regional bodies. It involves the negotiation of collective norms, treaties, resolutions, and joint action frameworks that bind or guide a broad number of states simultaneously. Multilateral diplomacy is essential for addressing transnational issues such as climate change, cybersecurity, global trade, public health, and arms control, where no single state can unilaterally impose effective solutions. It relies on consensus building, coalition formation, agenda setting, and procedural rules that significantly influence negotiation outcomes.
Conference diplomacy is a structured form of multilateral engagement focused on specific issues or treaty development through international conferences convened for negotiation or decision-making. It is characterized by formal negotiation sessions, draft text revisions, working groups, and chair-led consultations that may lead to binding treaties or political declarations. Conference diplomacy has historically been used to negotiate landmark international agreements in areas such as disarmament, human rights, and international criminal law.
Public diplomacy is the strategic communication by states directed not at foreign governments but at foreign publics, opinion leaders, academic institutions, civil society organizations, and media ecosystems in order to shape perceptions and influence the policy environment. This is not propaganda, which is manipulative and often covert. Public diplomacy aims to cultivate long-term credibility by presenting national values, policies, and cultural achievements in a persuasive and lawful manner. It is closely linked to national security and foreign policy objectives, as shaping foreign public opinion can build support for treaties, economic partnerships, sanctions regimes, and conflict resolution efforts.
Digital and cyber diplomacy is the application of diplomatic methods to cyberspace, digital technologies, and information ecosystems. It covers negotiations on cyber norms, responsibilities of states in cyberspace, international cooperation against cybercrime, cross-border data flows, artificial intelligence governance, digital trade, and the security of critical infrastructure. Cyber diplomacy mechanisms often address incident response protocols, mutual legal assistance for digital evidence, encryption policies, and the prevention of hybrid threats.
Secret diplomacy involves meetings and negotiations conducted discreetly, or entirely outside public view, often used in high-stakes conflict resolution, intelligence exchanges, or sensitive geopolitical bargaining. Its purpose is to allow parties to explore potential settlements without political pressure or public scrutiny, preserving deniability and flexibility until agreement is reached.
Track-one diplomacy is the formal, official interaction between governments conducted by accredited diplomats and state representatives. It is the domain of foreign ministries, ambassadors, and heads of state, who engage directly in interstate negotiation under international law. Track-one diplomacy is authoritative and produces binding agreements, but it can be slow due to its political visibility and legal constraints.
Track-two diplomacy consists of unofficial, informal dialogue between non-state actors such as academics, former diplomats, experts, and civil society representatives who engage in problem-solving discussions on international conflicts or policy disputes. These participants do not negotiate on behalf of states but shape ideas, test proposals, and build trust, often influencing later formal negotiations.
Track-one-and-a-half diplomacy blends official and unofficial engagement, where government representatives participate in semi-formal talks alongside non-state intermediaries. This approach allows states to maintain plausible deniability while sending authoritative signals, making it useful in frozen conflicts, peace processes, and negotiations with actors lacking full international recognition.
Shuttle diplomacy is a method where a mediator travels between conflicting parties who are unwilling to meet face-to-face. First popularized in the Middle East peace process, it is now frequently used by diplomatic mediators to unlock negotiations in highly adversarial situations.
Economic diplomacy is the use of economic tools, incentives, and pressures to advance national interests. It includes negotiating trade agreements, investment protections, sanctions, development aid, export promotion, and financial stabilization packages. Economic diplomacy is central to regulatory and compliance environments, as it shapes market access, supply chain security, and the global financial system.
Defense diplomacy (or military diplomacy) includes military-to-military meetings for peaceful purposes such as enhancing security cooperation, building partner capacity, and improving transparency to reduce the risk of war. Defense attachés, joint exercises, and security dialogues are part of this form of diplomacy.
Cultural diplomacy involves the projection of a nation’s cultural assets, including the language, arts, education, and heritage, to strengthen mutual understanding, build long-term relationships, and generate soft power. It is a long-term investment in influence and legitimacy, supporting broader foreign policy goals by deepening societal connections.
Diaspora diplomacy uses expatriate or diaspora communities as bridges between states. Governments cultivate relationships with their diasporas to promote trade, investment, political influence, and soft power, while also managing dual loyalty concerns and transnational legal obligations.
Coercive diplomacy (sometimes called gunboat diplomacy) combines threats or limited use of force with negotiation to influence an adversary’s behavior without engaging in full-scale conflict. It operates at the intersection of diplomacy and deterrence and is subject to the legal limits imposed by the United Nations Charter.
Environmental diplomacy addresses global and transboundary ecological issues such as climate change, biodiversity loss, water scarcity, and pollution. It involves environmental compliance frameworks and scientific cooperation. This form has grown rapidly, influencing corporate climate disclosure, sustainability due diligence, and environmental liability regimes.
Science and technology diplomacy uses scientific collaboration to build bridges between friendly but also adversarial states. It fosters joint research, space cooperation, AI governance, and innovation partnerships, supporting trust building.
Corporate (or business) diplomacy is not an oxymoron or euphemism for lobbying. It is the disciplined management of governmental relationships across jurisdictions, aligned with legal and compliance obligations, to mitigate political and regulatory compliance risk. Where formal diplomatic channels determine the structure of market access or data protection adequacy, companies build internal capability to read diplomatic signals and avoid actions that lead to non-compliance in one or more countries.
There is no official hybrid diplomacy (yet).
The term hybrid diplomacy has not yet emerged as a formally recognized concept, at least not in the same structured way we see with hybrid warfare or hybrid threats in national security doctrines. The term lacks definitional precision and is not part of any institutional lexicon. However, from a strategic and analytical perspective, the idea of hybrid diplomacy makes increasing sense in today’s geopolitical environment.
The international system has already accepted the concept of hybrid threats, which integrate conventional military pressure, cyber operations, information warfare, economic coercion, and lawfare. Diplomacy has evolved to address each of these components individually.
Yet, in practice, states increasingly combine these instruments as part of an integrated foreign policy approach. In other words, practice has already moved beyond the terminology. What we lack is a clear term to describe diplomacy conducted in parallel with hybrid threat strategies, diplomacy that blends negotiation, coercion, and influence across domains. Does it already happen between the United States and China, for example?
A working definition of hybrid diplomacy (proposed) is this: Hybrid diplomacy is the coordinated use of diplomatic channels alongside hybrid instruments of power, including cyber operations, economic coercion, information influence, legal warfare, and proxy engagement, to achieve strategic objectives without crossing the threshold of open armed conflict.
Here comes a question that is fundamental and intellectually valid. If hybrid diplomacy blends diplomacy with coercion, influence operations, and even cyber actions, can it still be called diplomacy at all? Or does it become something else entirely, like coercion masquerading as negotiation, or conflict disguised as dialogue?
The answer is clear. Yes, it is still diplomacy, adapted to the hybrid threat environment. Diplomacy has never been purely peaceful persuasion. It has always included pressure, power, threats (even when using polite or diplomatic language), and leverage. Hybrid diplomacy does not abandon diplomacy, it weaponizes interdependence and ambiguity to modify adversary behavior while formally remaining below the legal threshold of armed conflict, exactly like hybrid threats.
Hybrid diplomacy remains diplomacy because:
1. Diplomatic channels remain central. Embassies, negotiations, summits, and envoys still carry the message and manage escalation.
2. The objective is political resolution, not battlefield victory. The goal is to compel, deter, or shape behavior without full-scale war.
3. It operates below the threshold of armed conflict. It remains regulated by diplomacy, not the law of armed conflict.
4. It remains reversible. Pressure tools (cyber disruptions, sanctions, legal offensives) can be lifted through agreement, which is classic diplomatic bargaining.
5. It keeps escalation under control. By blending statecraft and pressure, states avoid kinetic war while still achieving strategic objectives.
If the language of our first working definition of hybrid diplomacy was not diplomatic, we will try again: Hybrid diplomacy is the use of diplomatic engagement integrated with calibrated instruments of hybrid power, such as cyber operations, economic coercion, information influence, legal warfare, and proxy leverage, to shape the behavior of other actors while remaining below the threshold of armed conflict and preserving the possibility of negotiated resolution. This second definition reinforces its legitimacy as diplomacy by highlighting engagement, calibration, and negotiated resolution. There is not much difference in practice.
More about diplomacy, and the Vienna Convention on Diplomatic Relations, 1961
The word diplomacy originally came from the ancient Greek term δίπλωμα (a paper folded double, a licence, a chart), referring to a document allowing someone to travel or to have privileges. From the term δίπλωμα we later had the Latin term diploma (a state paper, an official document).
The Vienna Convention on Diplomatic Relations (1961) codifies the rules for the exchange and treatment of envoys between states, and facilitates the development of friendly relations among nations, irrespective of their differing constitutional and social systems. It has become fundamental to the conduct of foreign relations, and ensures that diplomats can work without threats of influence by the host government.
The Vienna Convention has established the rules for the appointment of foreign representatives, the protection for the diplomats and their families from any form of arrest or detention, the protection of all forms of diplomatic communication, the immunity from civil and administrative jurisdiction, and the obligation for diplomats to respect the laws of the host state. The only sanction to diplomats permissible under the Convention, in the absence of a waiver of immunity, is expulsion.
Vienna Convention on Diplomatic Relations
Done at Vienna on 18 April 1961. Entered into force on 24 April 1964.
The States Parties to the present Convention,
Recalling that peoples of all nations from ancient times have recognized the status of diplomatic agents,
Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations,
Believing that an international convention on diplomatic intercourse, privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems,
Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States, Affirming that the rules of customary international law should continue to govern questions not expressly regulated by the provisions of the present Convention,
Have agreed as follows:
Article 1
For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them:
(a) The “head of the mission” is the person charged by the sending State with the duty of acting in that capacity;
(b) The “members of the mission” are the head of the mission and the members of the staff of the mission;
(c) The “members of the staff of the mission” are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission;
(d) The “members of the diplomatic staff” are the members of the staff of the mission having diplomatic rank;
(e) A “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission;
(f) The “members of the administrative and technical staff” are the members of the staff of the mission employed in the administrative and technical service of the mission;
(g) The “members of the service staff” are the members of the staff of the mission in the domestic service of the mission;
(h) A “private servant” is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;
(i) The “premises of the mission” are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.
Article 2
The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.
Article 3
1.The functions of a diplomatic mission consist, inter alia, in:
(a) Representing the sending State in the receiving State;
(b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;
(c) Negotiating with the Government of the receiving State;
(d) Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State;
(e) Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.
2.Nothing in the present Convention shall be construed as preventing the performance of consular functions by a diplomatic mission.
Article 4
1.The sending State must make certain that the agreement of the receiving State has been given for the person it proposes to accredit as head of the mission to that State.
2.The receiving State is not obliged to give reasons to the sending State for a refusal of agreement.
Article 5
1.The sending State may, after it has given due notification to the receiving States concerned, accredit a head of mission or assign any member of the diplomatic staff, as the case may be, to more than one State, unless there is express objection by any of the receiving States.
2.If the sending State accredits a head of mission to one or more other States it may establish a diplomatic mission headed by a chargé d’affaires ad interim in each State where the head of mission has not his permanent seat.
3.A head of mission or any member of the diplomatic staff of the mission may act as representative of the sending State to any international organization.
Article 6
Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State.
Article 7
Subject to the provisions of articles 5, 8, 9 and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attachés, the receiving State may require their names to be submitted beforehand, for its approval.
Article 8
1.Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State.
2.Members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of the receiving State, except with the consent of that State which may be withdrawn at any time.
3.The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State.
Article 9
1.The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.
2.If the sending State refuses or fails within a reasonable period to carry out its obligations under paragraph 1 of this article, the receiving State may refuse to recognize the person concerned as a member of the mission.
Article 10
1.The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be notified of:
(a) The appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission;
(b) The arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a member of the mission;
(c) The arrival and final departure of private servants in the employ of persons referred to in subparagraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons;
(d) The engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.
2.Where possible, prior notification of arrival and final departure shall also be given.
Article 11
1.In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission.
2.The receiving State may equally, within similar bounds and on a non-discriminatory basis, refuse to accept officials of a particular category.
Article 12
The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.
Article 13
1.The head of the mission is considered as having taken up his functions in the receiving State either when he has presented his credentials or when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, in accordance with the practice prevailing in the receiving State which shall be applied in a uniform manner.
2.The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission.
Article 14
1.Heads of mission are divided into three classes, namely:
(a) That of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank;
(b) That of envoys, ministers and internuncios accredited to Heads of State;
(c) That of chargés d’affaires accredited to Ministers for Foreign Affairs.
2.Except as concerns precedence and etiquette, there shall be no differentiation between heads of mission by reason of their class.
Article 15
The class to which the heads of their missions are to be assigned shall be agreed between States.
Article 16
1.Heads of mission shall take precedence in their respective classes in the order of the date and time of taking up their functions in accordance with article 13.
2.Alterations in the credentials of a head of mission not involving any change of class shall not affect his precedence.
3.This article is without prejudice to any practice accepted by the receiving State regarding the precedence of the representative of the Holy See.
Article 17
The precedence of the members of the diplomatic staff of the mission shall be notified by the head of the mission to the Ministry for Foreign Affairs or such other ministry as may be agreed.
Article 18
The procedure to be observed in each State for the reception of heads of mission shall be uniform in respect of each class.
Article 19
1.If the post of head of the mission is vacant, or if the head of the mission is unable to perform his functions a chargé d’affaires ad interim shall act provisionally as head of the mission. The name of the chargé d’affaires ad interim shall be notified, either by the head of the mission or, in case he is unable to do so, by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.
2.In cases where no member of the diplomatic staff of the mission is present in the receiving State, a member of the administrative and technical staff may, with the consent of the receiving State, be designated by the sending State to be in charge of the current administrative affairs of the mission.
Article 20
The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport.
Article 21
1.The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way.
2.It shall also, where necessary, assist missions in obtaining suitable accommodation for their members.
Article 22
1.The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
2.The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
3.The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
Article 23
1.The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.
2.The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission.
Article 24
The archives and documents of the mission shall be inviolable at any time and wherever they may be.
Article 25
The receiving State shall accord full facilities for the performance of the functions of the mission.
Article 26
Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.
Article 27
1.The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State.
2.The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.
3.The diplomatic bag shall not be opened or detained.
4.The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.
5.The diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy person inviolability and shall not be liable to any form of arrest or detention.
6.The sending State or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge.
7.A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft.
Article 28
The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.
Article 29
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.
Article 30
1.The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.
2.His papers, correspondence and, except as provided in paragraph 3 of article 31, his property, shall likewise enjoy inviolability.
Article 31
1.A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:
(a) A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(b) An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
2.A diplomatic agent is not obliged to give evidence as a witness.
3.No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.
4.The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.
Article 32
1.The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under article 37 may be waived by the sending State.
2.Waiver must always be express.
3.The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.
4.Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be necessary.
Article 33
1.Subject to the provisions of paragraph 3 of this article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State.
2.The exemption provided for in paragraph 1 of this article shall also apply to private servants who are in the sole employ of a diplomatic agent, on condition:
(a) That they are not nationals of or permanently resident in the receiving State; and
(b) That they are covered by the social security provisions which may be in force in the sending State or a third State.
3.A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.
4.The exemption provided for in paragraphs 1 and 2 of this article shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State.
5.The provisions of this article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future.
Article 34
A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:
(a) Indirect taxes of a kind which are normally incorporated in the price of goods or services;
(b) Dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(c) Estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of article 39;
(d) Dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;
(e) Charges levied for specific services rendered;
(f) Registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of article 23.
Article 35
The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.
Article 36
1.The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on:
(a) Articles for the official use of the mission;
(b) Articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment.
2.The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are
serious grounds for presuming that it contains articles not covered by the exemptions mentioned in
paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled
by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the
presence of the diplomatic agent or of his authorized representative.
Article 37
1.The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in articles 29 to 36.
2.Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in article 36, paragraph 1, in respect of articles imported at the time of first installation.
3.Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in article 33.
4.Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.
Article 38
1.Except insofar as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.
2.Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.
Article 39
1.Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry as may be agreed.
2.When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist.
3.In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country.
4.In the event of the death of a member of the mission not a national of or permanently resident in the receiving State or a member of his family forming part of his household, the receiving State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.
Article 40
1.If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return. The same shall apply in the case of any members of his family enjoying privileges or immunities who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country.
2.In circumstances similar to those specified in paragraph 1 of this article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories.
3.Third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplomatic couriers, who have been granted a passport visa if such visa was necessary, and diplomatic bags in transit, the same inviolability and protection as the receiving State is bound to accord.
4.The obligations of third States under paragraphs 1, 2 and 3 of this article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure.
Article 41
1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.
2.All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.
3.The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.
Article 42
A diplomatic agent shall not in the receiving State practise for personal profit any professional or commercial activity.
Article 43
The function of a diplomatic agent comes to an end, inter alia:
(a) On notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end;
(b) On notification by the receiving State to the sending State that, in accordance with paragraph 2 of article 9, it refuses to recognize the diplomatic agent as a member of the mission.
Article 44
The receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property.
Article 45
If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled:
(a) The receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives;
(b) The sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State;
(c) The sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.
Article 46
A sending State may with the prior consent of a receiving State, and at the request of a third State not represented in the receiving State, undertake the temporary protection of the interests of the third State and of its nationals.
Article 47
1.In the application of the provisions of the present Convention, the receiving State shall not discriminate as between States.
2.However, discrimination shall not be regarded as taking place:
(a) Where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its mission in the sending State;
(b) Where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.
Article 48
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention, as follows: until 31 October 1961 at the Federal Ministry for Foreign Affairs of Austria and subsequently, until 31 March 1962, at the United Nations Headquarters in New York.
Article 49
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 50
The present Convention shall remain open for accession by any State belonging to any of the four
categories mentioned in article 48. The instruments of accession shall be deposited with the Secretary General of the United Nations.
Article 51
1.The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
2.For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
Article 52
The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in article 48:
(a) Of signatures to the present Convention and of the deposit of instruments of ratification or accession, in accordance with articles 48, 49 and 50;
(b) Of the date on which the present Convention will enter into force, in accordance with article 51.
Article 53
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States belonging to any of the four categories mentioned in article 48.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.
DONE at Vienna this eighteenth day of April one thousand nine hundred and sixty-one.
Cyber Risk GmbH, some of our clients
